The Successful FLSA – Wage and Hour Mediation

The FLSA Mediation can be difficult because of the many issues involved, the strict liability nature of the law, technical aspects of exemptions, and various traps and pitfalls in the law.


The effective FLSA mediation requires a great deal of work on the part of the lawyers and the mediator.

Preparation for the mediation is key. Before the mediation day, your mediator will want to know:

1. The number and job descriptions of the claimants.
2. The factual and legal arguments for the dollar calculations
3. Collective and class action certification issues – is this a Rule 23 or FLSA class
4. Notice process issues and administration
5. Expected participation rates
6. What to do with unclaimed funds
7. Different treatment of class representatives
8. The Defendant’s ability to pay
9. Attorneys’ fees claimed

Also, these cases are often heavy on different pay assumptions that require a great deal of number crunching and re-evaluation.

The framework for a successful FLSA wage and hour resolution will require the mediator to work hard before the mediation to make certain that when the mediation begins, the time is spent wisely to get the matter resolved.

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